Trump's renewed push to curb US birthright citizenship sparks legal debate
In the early hours of 7 August 2026, President Donald Trump announced another attempt to limit US citizenship for newborns whose mothers travel to the United States solely to give birth. The move follows his recent defeat before the Supreme Court and focuses on curbing what officials call "birth tourism".
Limiting the birthright has been a top priority for Trump since the start of his second term; he signed his first related decree on the very first day in office. That decree aimed to strip automatic citizenship from children of undocumented migrants and visa‑holding parents.
The Supreme Court rejected the broader version of the plan at the end of June, dealing a decisive blow to the administration's original strategy. The court’s decision left the government convinced that a narrower approach might still survive judicial scrutiny.
Officials now argue that the Supreme Court ruling leaves room for a more limited restriction, one that would affect far fewer people than the initial proposal. The new effort is expected to be less sweeping but still seeks to change the current automatic citizenship rule.
The latest revision bears the imprint of Stephen Miller, a senior adviser known for his hard‑line stance on immigration. Miller has been described as the architect behind the current push to tighten birthright rules.
At present, a handful of categories already lack birthright citizenship, such as children of foreign diplomats and members of hostile foreign groups. Trump’s proposal would expand those exclusions to include children of individuals deemed enemies of the United States or members of terrorist organisations.
Previously, tourist visas were denied to foreigners who entered the country with the sole purpose of giving birth. The administration now wants to deny entry to anyone it labels a "birth tourist," despite Trump’s claim of hundreds of thousands of annual cases—a figure that analysts say is far lower.
The government calls the measure a "very significant" step that will restrict citizenship for a large number of people. Critics question how authorities will verify whether a mother is travelling only to give birth and who qualifies as a birth tourist.
Legal challenges are expected, with opponents likely to bring lawsuits that could return the issue to the courts, possibly even the Supreme Court again. The ultimate reach of the policy will depend on how the judiciary interprets the new restrictions.
Andrea Christen, the US correspondent for Swiss Radio SRF, evaluates the administration’s chances. Christen, who previously served as deputy editor of SRF 4 News and has been with SRF since 2010, notes that while the government frames the move as a major reform, the practical and legal hurdles remain substantial.